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Home My WebLink About992008.tiff RESOLUTION RE: APPROVE L.ONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ANDESITE ROCK COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated February 10, 1999, the Board approved a Site Specific Development Plan and Use by Special Review Permit#1206 for a Mining Operation for Andesite Rock Company on the following described real estate, to-wit: SE'/ of Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board has been presented with a Long-Term Road Maintenance and Improvements Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Andesite Rock Company, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Long-Term Road Maintenance and Improvements Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Andesite Rock Company be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLQRADO ATTEST: / I ifra gf , -� � ' In ale K. Hall, Chair Weld County Clerk to the = tar' � sal ki L r ��..:r.�Q� � CUSED !' c_te) sea9'‘-"$' ♦�:rba J. Kirkme er, Pfo-Tem Deputy Clerk to the Boa ' 0 ./George E. xter PPPROVEE, 6yS TC FORM: /// Qeile I , G //y t, tiae drL-9 eirht AttorneY i% I, Glenn Vaad PL, A nU P 51+e-, 992008 PL1287 COUNTY OF WELD. STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT 3y THIS AGREEMENT, made and entered into this _- day of - '/ % , 1999, by and between the County of Weld, State of Colorad, hereinafter called "County" and Andesite Rock Company (USR-1206), hereinafter called "Andesite Rock". WHEREAS, Andesite Rock has been granted a Weld County Use by Special Review Mining Permit for an open-cut sand and gravel operation on 124.2 acres, portions of the SE4 Section 3, Township 2 North, Range 68 West of the 6th principal meridian, Weld County, Colorado, and WHEREAS, gravel mining and plant operations are anticipated to continue in this area well into the future, and WHEREAS, the County roads in the area will be impacted by heavy truck traffic generated from gravel mining and plant operations in the area and by other businesses using heavy trucks, and WHEREAS, present and future gravel operators are required to enter into Road Maintenance and Improvements Agreements with the County to mitigate the impact created by heavy truck traffic, and WHEREAS, haul routes overlap between different gravel operators and the existing haul routes are difficult and impractical to manage, and WHEREAS,the maintenance and improvements required will vary over time and provisions should be made to address future requirements, and WHEREAS, the County and Andesite Rock agree it would be advantageous to set forth an equitable agreement that would provide a basis for future Road Maintenance and Improvements Agreements between all parties concerned. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set:Ebrth,the County and the Operator mutually agree as follows: 1. The County roads considered in this Agreement are Weld County Road 7 between Colorado State Highway 119 and Colorado State Highway 52, and Weld County Road 20.5 between Weld County Roads 7 and 1. 2. The Operator may use the designated haul route to and from its gravel mining operations area as described in the plat filed as required by USR 1206. 3. Repair will consist of excavating potholes and distorted areas of pavement, along with unsuitable subgrade materials, and repairing with four inches of 111111 IIIII lilt Hill IIIII II II IIIIII III 11111111111 II 2715342 08/20/1999 02:06P Weld County CO 992008 1 of 5 R 0.00 D 0.00 JR Sukl Tsukamoto hot bituminous pavement and aggregate base as required to replace unsuitable subgrade. 4. When reconstruction is required, the details of such reconstruction and the amount of aggregate base course as reasonably required will be determined by sampling and testing of the existing road by the Weld County Public Works Department. 5. The County will reimburse Andesite Rock for the cost of the AC-10 liquid asphalt required to manufacture the hot bituminous pavement. 6. The County will, to the best of its ability within the restrictions of the law, requ ire future gravel operators that use the haul routes described in Paragraph 1, above, to participate in Road Maintenance and Improvements Agreements similar to this agreement. 7. Andesite Rock and present and future gravel operators are required to share in the cost of reasonable future maintenance and improvements when such maintenance is related to their hauling impacts. 8. Upon notification by the County, all gravel operators and the County will examine the roads and determine a plan for the maintenance and improvements are required. The County will have the final determination as to what maintenance and improvements are required based on input from gravel operators using the road. 9. Prior to the start of mining, Weld County and Andesite Rock will inspect the roac.s covered under this agreement, to insure that the operator will not be responsible for damage previously incurred. 10. Upon determining what maintenance and improvements are required, a. separate agreement shall be drawn detailing the work to be done and costs to be shared. 11. When requested by the County, Andesite Rock shall provide information as to the amount of materials, in tons, removed from the pit over a specified period of time and hauled on specified roads. The Weld County Public Works Department shall provide information on the amount of materials, in tons, it has hauled on roads in questions. The County shall estimate the amount of non-gravel materials, in tons, shipped over the road in question for the same period of time. When combined with information provided by other operators (as set forth in Paragraph 6),the proportionate amount of materials removed by each operator will be used to determine each operator's share in maintenance and improvements. No costs for maintenance and improvements associated with traffic not generated by the gravel operators will be assessed to the gravel operators. 11111111111 111111 111111 111111111 IIIIII III IIIII 11111111 2715342 08/20/1999 02:06F' Weld County CO 2 of 5 R 0.00 D 0.00 JR Suki Tsukamoto 12. It is anticipated that the Operator and future and present gravel operators will perform the work and share in the equipment, labor, and materials required for the maintenance and improvements necessary for the designated haul route. Any sharing done between gravel operators shall be by separate agreements. 13. If the Operator does not participate as outlined in the Agreement, it will constitute a revocation of the conditions ofUSR 1206, and shall subject:the Operator to revocation of said USA. 14. This Agreement cannot be assigned by the County to any other entity. The Agreement may be assigned by the Operator only upon written consent of the County. 15. If any section of designated haul route as listed in Paragraph 1 is annexed to a municipality while this Agreement is in force, the Agreement must be renegotiated, with the County, Andesite Rock and the municipality as parties to the new Agreement. 16. All construction and materials controls for a project will be in accordance with the 1991 standard, specifications for road and bridge construction, as supplemented or revised, provided by the Colorado Department of Transportation. During construction, signage shall be posted in accordance with the uniform manual on traffic control devices. 17. No Third Party Beneficiary Enforcement.: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 18. Indemnification: To the extent authorized by law, Andesite Rock agrees to indemnify, save and hold the County harmless from and against any and all claims, damages, losses and judgments which may be suffered or incun-ed by the County as a consequence of any breach by Andesite Rock of its obligations and duties set forth in this Agreement on those portions of the haul route described in this Agreement. In the event that any dispute shall arise under this Agreement,the prevailing party in such dispute shall be entitled, in addition to any other relief to which such party may be granted,to recover its reasonable attorneys fees and court costs incurred in connection with the resoaution of such dispute. 111111111111111111111111 IIIII liii 111111 III 1E11 1111 IIII 2715342 08/20/1999 02:06P Weld County CO 3 of 5 R 0.00 D 0.00 JR Sukt Tsukamoto 19. Modifications and Breach: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modifications, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed, waived or excused, unless such waiver or consent shall be in writing or signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of; a beach by any other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. I 111111 111111IIIIIF III IME III 11111 I III 1111 4 of 5 R 0.00 D 0.00 JA Suki Teukamoto IN WITNESS WHEREO t0'!'e`tvt eto have duly executed this Agreement the day and year first-above wry' I I-� 1 6 iil P i ''4 1, ATTEST: ' Au :4;��;$ '‘ e on Weld County Clerkt the Bo.u�r, 1 .-, : tiAtfi.t c.•rzi %0 .AEI ila / , �.►n fi Byn'aWL_ri� By / / s;r ci BOARD OF COUNTY COMMISSIONERS ANDESITE ROCK COMPANY WELD COUNTY, COLORADO ( ) Dale K. Hall, Chair (0.detii99) The foregoing instrument was acknowledged before me by t&;:jj , ) ( L%:wa iit @ this 111, day of _ ;f t j ,, , 1999. ) I L/C / L f_I L , - �—kW1,PVB9i‘ Notary Public C 11 f r My Commissin Expires: __r0,1 Ll) `mot/ ' • ), ;0 i KIM RIVARD I , 1Ik fro- FCO-OQP: My Comm.Expires Jan.1,2002 (seal) 1111111 1E11 Hill 11111 111111111 IIIIII III 11111 IIII IIII 2715342 08/20/1999 02:0BFP Weld County CO S of 5 R 0.00 0 0.00 JA Sukl Tsukamoto CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200n. • RECEIVED P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 desIte PHONE605-334-5000 JUL 15 1999 FAX 605.334-3656 ROCK COMPANY MOUNTAIN DIVISION u cou Ty 7321 E.88TH AVENUE•SUITE 200 PUBLIC WELD COO TY HENDERSON,COLORADO 80640 RKS CERT 303-287-4656 FAX 303-289-1348 cOP' July 12, 1999 cuR Mr. Don Carroll "� Weld County Public Works P. 0. Box 758 Greeley, CO 80632-0758 .3 ei 9- RE: Road Maintenance Agreement Dear Mr. Carroll: Attached please find the executed Road Maintenance Agreement for USR 1206. As discussed items 1, 2 and 4 of the attached letter were changed. For Item 3 of the attached letter,Item 18 was not deleted,but replaced with our attorney's wording. Please call if you have any questions. Thank you. Sincerely„ L. A. Unger Compliance Attachments Y CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD Emile FPHONE AX 605 334-3 56�17 5829 flIOCKCOMPANY MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-4656 FAX 303-289-1348 June 8, 1999 l'• Mr. Don Carroll Weld County Public Works t/'-' X/ P.O. Box 758 ��"`��"' Greeley, CO 80632-0758 ' '� „ Re: Road Maintenance Agreement JJ�c � Dear Mr. Carroll: We are in receipt of the proposed Road Maintenance Agreement for USR-1206 (attached). We would like to make the following changes: 1. In the 8th paragraph on page one, please make this minor change (italicized): "WHEREAS., the County and Andesite Rock agree it would be advantageous to set forth an equitable agreement 2. In Item #4 please add the following (italicized): "When reconstruction is required, the details of such reconstruction and the amount of aggregate base course as reasonably required..." 3. Item #18: We request this item be deleted. Due to our corporate policy, we are unable to meet this requirement. 4. Item #20: We request this item be deleted as it is in conflict with Item #I4. Please contact me if you have questions regarding this submittal. Sincerely', L. A. Unger Compliance Hello